INTERNATIONAL SPECIAL EVENTS AND RECREATION ASSOCIATION, INC., PRIME INSURANCE COMPANY AND CERTAIN UNDERWRITERS AT LLOYD'S LONDON SUBSCRIBING TO POLICY NUMBER LAP0334, Petitioners,
MATTHEW BELLINA AND SURF SLIDE, LLC, Respondents.
FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
for Certiorari Review of Order from the Circuit Court for
Brevard County, George B. Turner, Judge.
M. Raschke, Matthew L. Litsky, and Sarah B. Van Schoyck, of
Phelps Dunbar LLP, Tampa, and Elizabeth K. Russo, of Russo
Appellate Firm, P.A, Miami and Green & Ackerman, P.A.,
Boca Raton, for Petitioners.
P. Major, of Ver Ploeg & Lumpkin, P.A., Orlando, for
Respondent Matthew Bellina. No appearance for other
Special Events and Recreation Association, Inc. (ISERA),
Prime Insurance Company (Prime), and Certain Underwriters at
Lloyd's London Subscribing to Policy Number LAP0334
(Underwriters) (collectively, Insurers), filed a petition
seeking a writ of certiorari quashing the disposition portion
of the circuit court's order which addressed their
respective motions to dismiss the complaint for declaratory
relief filed by Respondent, Matthew Bellina (Bellina). We
grant the petition and quash the disposition portion of the
trial court's order.
filed a personal injury lawsuit against Surf Slide,
contending that he was injured, in part, as a result of Surf
Slide's negligence. While that suit was pending, Bellina
filed a Complaint for Declaratory Relief alleging, in
pertinent part, that:
[a]s a third party beneficiary under the [Insurance] Policy
[issued by Insurers to Surf Slide], Matthew Bellina is
entitled to bring this action in this Court, to obtain a
judicial declaration resolving the question whether the
[Insurance] Policy issued by the [Insurers] to Surf Slide
provides coverage to Surf Slide for Matthew Bellina's
bodily injury claim and suit against Surf Slide.
The complaint acknowledged the existence of Florida's
Nonjoinder Statute, section 627.4136, Florida Statutes
(2016), which provides, in pertinent part:
627.4136. Nonjoinder of Insurers
(1) It shall be a condition precedent to the accrual or
maintenance of a cause of action against a liability insurer
by a person not an insured under the terms of the liability
insurance contract that such person shall first obtain a
settlement or verdict against a person who is an insured
under the terms of such policy for a cause of action which is
covered by such policy.
(2). . . No person who is not an insured under the terms of a
liability insurance policy shall have any interest in such
policy, either as a third-party beneficiary or otherwise,
prior to first obtaining a settlement or verdict against a
person who is an insured under the terms of such policy for a
cause of action which is covered by such policy.
the complaint averred that section 627.4136 did not apply to
the instant law suit because Insurers are surplus lines
insurers governed by section 626.913(4) of the Florida
Statutes (2016). That statute provides:
626.913 Surplus Lines Law; short title; purposes
. . . .
(4) Except as may be specifically stated to apply to
surplus lines insurers, the provisions of chapter 627 do